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HomeMy WebLinkAboutMIN 1985 0903 CC REGMoorpark, California September 3, 1985 A regular meeting of the City Council of the City of Moorpark, California, was held on September 3, 1985, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7:05 p. m., Mayor Albert Prieto presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Ferguson. 3. ROLL CALL PRESENT: Councilmembers Thomas Ferguson, Danny Woolard, James D. Weak, Leta Yancy- Sutton, and Mayor Albert Prieto; ABSENT: None. OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Richard Morton, Interim Director of Community Development; Dennis Delzeit, City Engineer; Lt. Mike Brown, County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES None. 5. PROCLAMATIONS /COMMENDATIONS /SPECIAL PRESENTATIONS None. By general consent Item_ 8.A and 8.B were considered at this time, due to the large number of persons in attendance who were interested in these items. 8.A. Ordinance Extending Mobi.lehome Park Rent Moratorium (Uraencv Ordinance. 8.B. Ordinance Relative to Mob)_lehome Park Rent Stabilization (for introduction) The City presented and reviewed both the moratorium ordinance and the rent stabilization ordinance, after which the Mayor declared ttie matter open for discussion. -1- 9 -3 -85 The following persons addressed Council regarding the ordinances under discussion, expressing opposition, mainly, to Section 5.04.060 of the proposed rent stablization ordinance: Joe Intiso, 15750 Los Angeles Avenue, Space 203 Victor Richard, 15750 Los Angeles Avenue, Space 168 Rev. William E. Raney, 15750 Los Angeles Avenue, Space 237 all residents of Villa Del Arroyo Mobilehome Park in Moorpark After discussion the City Attorney presented and read in its entirety Ordinance No. 50, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING A MORATORIUM ON THE ACCEPTANCE OF RENT SCHEDULE INCREASE APPLICATIONS PURSUANT TO ORDINANCE NO. 7, AND DECLARING THE URGENCY THEREOF It was moved by Councilmember Weak and seconded by Councilmember Ferguson that said Ordinance No. 50, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard, Yancy- Sutton, and Mayor Prieto; NOES: None; ABSENT: None. 8.B. Rent Stablization Ordinance (continued discussion There was considerable discussion regarding Section 5.04.060, and the question of the park owners being entitled to a fair and reasonable return on their investment. RECESS The Mayor declared a recess, the time being 8:35 p.m. The meeting reconvened at 9:00 p.m., all members of the Council being present. 8.B. Rent Stablization Ordinance (continued discussion) After discussion between members of the Council, the City Manager and the City Attorney, it was the consensus that the provisions of Section 5.04.060 of the proposed ordinance would remain substantially the same, but that Section 5.04.060 be modified to provide that the remainder of the space rent may be increased by not more than 70% of the Consumer Price Index, and in no event to exceed 7 %, with supporting documentations required to justify the requested increase; also providing for a hearing before the Council upon receipt of majority protest. The City Attorney made the foregoing modifications, read them into the record, and presented Ordinance No. 51, entitled: -2- 9 -3 -85 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING ORDINANCE NO. 7 OF THE CITY OF MOORPARK AND AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 4 TO TITLE 5 RELATIVE TO MOBILE HOME PARK RENTS It was moved by Councilmember Yancy- Sutton, seconded by Council- member Ferguson and unanimously carried to waive further reading of said Ordinance No. 51. It was then moved by Councilmember Yancy- Sutton and seconded by Councilmember Ferguson and unanimously carried that Ordinance No. 51, entitled as hereinabove set forth, be declared read for the first time and introduced, which motion carried by the following roll call vote: AYES: Councilmembers Yancy - Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: None; ABSENT: None. Mr. Intiso and Mr. Richard then addressed Council again, expressing appreciation for their listening to the concerns of the residents of the mobilehome park and for taking those concerns into consideration in the drafting of the ordinance. 6.A. COMMENTS FROM THE PUBLIC Anna Bell Sessler, 6061 Gabbert Road, Moorpark, addressed Council expressing appreciating for Council's assistance in making possible their rental of the facilities at No. 11 High Street for a Thrift Store, and invited members of the Council and the public to be in attendance at their ribbon cutting, to be held on. September 9, 1985 at 1:00 p.m. /!/// 11111 -3- 9 -3 -85 7. HEARINGS 7.A. Residential Development Plan No. PD -1010; Land Division LDM -3; G. H. Palmer & Associates Request approval to build 400 apartment units on 19.75 acres and density bonus of 35% Location: Bound by Los Angeles Avenue (Highway #118) on the north, Moorpark Avenue on the west, and the Arroyo Simi wash on the south. Frank Wein, from Michael Brandman Associates, Consultant retained by the City for staff services for the subject project, presented an outline of the proposed project, together with staff recommendations for approval. The City Manager presented and reviewed his report dated August 30, 1985, outlining the actions of the Planning Commission on the subject projects. There was discussion between Councilmembers and staff regarding the proposed projects, after which the Mayor declared the hearing opened. The City Clerk presented the following documents, which were ordered received and filed by general consent: 1. Affidavit of Publication of Notice of this Hearing, published in the Moorpark News on June 12, 1985; 2. Affidavit of Mailing of Notice of this Hearing, to property owners within the 300 foot radius, on June 12, 1985. The Mayor then declared the public hearing opened and the following persons addressed Council concerning the proposed projects: Dan Palmer, of G. H. Palmer & Associaties 11740 San Vicente Boulevard, Suite 208 Los Angeles, California, Applicant Mr. Palmer introduced Robert Verlaan, Irvine California; George Barr, B & E Los Angeles 90041; and Mitchell Kahn, Drive, Oxnard, California. He stated of the project and were present to an arise. of Ultrasystems, 16845 Von Karman, Engineers, 325 Colorado Boulevard, Attorney at Law, 500 Esplanade these individuals were a part swer any questions .,that might Mr. Palmer then distributed a communication dated September 3, 1985, addressed to Members of the City Council, urging the City Council's favorable consideration of the project as proposed, particularly in the areas of density bonus, and Condition No. 14 (shade coverage); No. 31.d, and 31.E (Recreation Center and Swimming Pools); No. 34 (single ownership); No. 37 (storage lockers in carports or garages; and No. 48 (public streets, walkways and driveways). -4- w There being no further public testimony offered at this time, the hearing was declared closed. The consultant, Frank Wein, then addressed Council concerning the applicant's objections, and discussion ensued regarding the construction of a pedestrian bridge across the Arroyo into the public park area. There being no objections, the public hearing was re- opened and Mr. Palmer again addressed Council regarding the pedestrian bridge, and other conditions which had been under discussion, particularly Conditions 31.d, 31.e, 31.f and 34. Mitchell Kahn, the applicant's attorney, addressed Council briefly regarding the density bonus -- whether a 400 unit project as applied for, or a 370 unit project as recommended by staff. There being no further testimony, the hearing was again declared closed, and it was moved by Councilmember Weak, seconded by Council- member Yancy- Sutton and unanimously carried to find that the EIR prepared for PD 1010 /LDM -3 does adequately address the environmental issues associated with the proposal, meets the requirements of CEQA and has been considered by the City Council in the review of the proposed project. It was then moved by Councilmember Weak and seconded by Councilmember Woolard that the Council approve Planned Development Permit No. PD -1010 and LDM -3, with the conditions recommended by the Planning Commission for 370 units, as modified and outlined in staff report dated August 28, 1985; also Exhibit "A" to be modified. After discussion on the motion, Councilmember Weak moved to amend the main motion to provide that all additional clarifications be included in the conditions, which amendment was seconded by Councilmember Woolard. The vote on the amendment to the main motion was carried by the following roll call: AYES: Councilmembers Weak, Woolard, Ferguson and Mayor Prieto; NOES: Councilmember Yancy- Sutton; ABSENT: None. The vote on the main motion, as amended, then carried by the following roll call: AYES: Councilmembers Weak, Woolard, Ferguson and Mayor Prieto; NOES: Councilmember Yancy- Sutton; ABSENT: None.. Councilmember Yancy - Sutton requested that the record reflect her reason for voting No was because she felt the applicant should not be required to construct the pedestrian bridge across the Arroyo, since he was paying Quimby fees on the project, that the bridge was for recreational purposes and should, in her opinion, properly be funded from Quimby fees. -5- 9 -3 -85 RECESS The Mayor declared a recess, the time being 11:10 p.m. The meeting was reconvened at 11:25 p.m., all members of the Council being present. 7.B. Tentative Tract No. TR -3525 & Residential Planned Development No. RPD -941; Warmington Homes, Applicant Request approval of a 28.9 acre subdivision containing 87 single family lots and companion Residential Planned Development. Location: Adjacent to and south of Williams Ranch Road (Peach Hill Road) and west of and adjacent to Peach Hill Road. By general consent 7.B and 7.0 were considered as one public hearing. 7.C. Tentative Tract No. Tr -3019 & Residential Planned Development No. RPD -1021; Warmington Homes, Applicant Request approval of 39.5 acre subdivision containing 130 single family lots and a companion Residential Planned Development. Location: Adjacent to and south of Williams Ranch Road (Peach Hill Road) and adjacent to and east of the Southern California Edison Company transmission line corridor. An overview of the project and recommended conditions of approval_ was given by Carl Rowley, from Hawks & Associaties, Consultant retained by the City for staff services for the subject project. Discussion was held between members of the City Council and staff, particularly with the City Engineer regarding traffic control and street design. Planning Commissioner James A. Hartley addressed Council and explained the position of the Planning Commission in making recom- mendations for conditions of approval. The Mayor declared the public hearing open and the City Clerk presented the following documents, which were ordered received and filed by general consent: 1. Affidavit of Publication of Notice of this Hearing, published in the Moorpark News on June 12, 1985; 2. Affidavit of Mailing of Notice of this Hearing, to property owners within the 300 foot radius, on June 12, 1985. The following persons addressed Council regarding the subject projects: Ronald A. Gallagher, 100 E. Thousand Oaks Boulevard, Thousand Oaks, Applicant Planning Commissioner James A. Hartley. Discussion was held concerning the landscaping on "I" Street, as well as the width of the street on Williams Ranch Road, with the City Engineer re- affirming his recommendation for a 40 foot street width. After considerable discussion, the hearing was closed by general consent, and it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the City Council finds that the proposed project will not have a significant effect on the environment and that the Council has reviewed and considered the information contained in the Mitigated Negative Declaration, and does approve the Mitigated Negative Declaration as having been completed in compliance with CEQA and State CEQA Guidelines issued thereunder. It was then moved by Councilmember Yancy - Sutton, seconded by Councilmember Woolard and unanimously carried that the City Council does approve Tentative Tract No. TR -3525 and Residential Planned Development No. RPD -941; does also approve Tentative Tract No. TR -3019 and Residential Planned Development No. RPD -1021; that said Tentative Tracts are approved subject to provisions for sidewalks next to curbs (without parkway in between), 40 foot wide street on Williams Ranch Road, that the houses fronting on Williams Ranch Road across the street from the existing houses be single story, of different elevations, foot prints backward and forward, and that the foot prints be transmitted back to the Planning Com- mission for information. Further, retain the Quimby requirements in the tract conditions, and Condition 11 be amended to include agreement for sewer construction; also that resolutions of approval be placed on the Consent Calendar for approval at the City Council meeting of September 16, 1985. RECESS The Mayor declared a recess, the time being 12:55 a.m. The meeting reconvened at 1:05 a.m., all members of the Council being present. 8. ORDINANCES /RESOLUTIONS B.A. Ordinance No. 50 Extending Mobilehome Park Rent Mo.ratoriui:; (urgency ordinance) This item was considered earlier in the meeting. -7- 9 -3 -85 By general consent Item 10.D was considered at this time. 10.D. Coast Auto Salvage Operatin The Director of Community Development presented and gave an overview of his report dated September 3, 1985 and outlining his recommendations contained therein. Mr. Bernie Gold, owner of Coast Auto Salvage, addressed Council, explaining his operations, and requesting permission from the Council to use the property, in addition to the sale of parts, for the purpose of parking trucks carrying vehicles for a period of not more than twenty -four hours, until the autos can be taken to his business location in Ventura. After consideration discussion, it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Weak that staff be directed to prepare an agreement between the City and Coast Auto Salvage, to provide that the salvage and dismantling portion of the business be abated, with a six -month time period for compliance, and that the temporary parking of trucks for no more than twenty -four hours be allowed during the abatement period. After discussion it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to amend the motion to provide that no new cars be brought onto the property for storage or dismantling, and no temporary parking of trucks be allowed; further., that the only business to be conducted at said location would be the storage and sale of parts only and that the storage area would be fenced and screened. The main motion, as amended, was then adopted by the following roll call vote: AYES: Councilmembers Yancy - Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 8.C. Resolution re Parking Restrictions in Tierra Rejada Road South of Los Angeles Avenue The City Engineer presented and reviewed his report dated. September 3, 1985, regarding the subject matter, and after discussion it was moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that Resolution No. 85 -222, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING "NO PARKING ANY TIME" ZONES AT VARIOUS LOCATIONS be adopted, that installation of the appropriate signs for the subject zones be authorized, and that the request for painted crosswalk on the east let of Charles Street at Moorpark Road be denied, which motion -8- w Mlv carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, and Mayor Prieto; NOES: None; ABSTAIN: Councilmember Weak. ABSENT: None. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Councilmember Yancy- Sutton requested and received information from the City Attorney regarding prosecution of Code violations. 10. STAFF REPORTS - RECOMMENDED ACTION ITEMS 10.A. General Plan Amendments The Director of Community Development presented and reviewed his report dated August 28, 1985, regarding the subject matter, and after discussion it was moved by Councilmember Weak and seconded by Councilmember Ferguson that staff recommendations be accepted, that the Council reaffirms its decision not to process any applications for General Plan Amendments until the General Plan elements are completed; that those of the original eleven submitting letter of interest be classed as priority one, with any others to follow in order of priority; and that those applications and fees now on file be returned to the applicants, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Yancy- Sutton and Mayor Prieto; NOES: Councilmember Woolard; ABSENT: None. 10.B. Time Extension for General Plan Elements The Director of Community Development presented and. reviewed his report dated August 28, 1985, regarding the subject matter, and it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried that staff recommendation be approved and the matter of the extension of time for the adoption of the Noise, Conservation, Open Space and Safety Elements of the General Plan be set for public hearing at the meeting of October 7, 1985, and the City Clerk authorized to give notice of such hearing. 10.C. Zoning Enforcement Position The Director of Community Development presented and reviewed his report dated August 28, 1.985, regarding the creation of a Code or Zoning Enforcement Officer , and after discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to approve the staff recommendation, and authorize the hiring of a person or persons temporarily on an hourly basis, as outlined in said report, at the rate of $10.00 an hour, plus on- the -job travel at the rate of $.25 per mile for the first 150 miles and $.20 per mile thereafter, funds having been budgeted for such a position in the 1985 -86 budget. 9 -3 -85 10.D. Coast Auto Salvate Operation Considered earlier in the meeting. 10.E. Newsracks The City Manager stated that pursuant to Council instructions, copies of the newsracks regulation ordinances from the Cities of Glendora and Camarillo had been furnished to Council for review and recommendation. The following persons then addressed Council in opposition to regulation of newsracks in the City, particularly protesting the imposition of a requirement of insurance coverage: Dan Schmidt, representing the Mirror Dion Lefler, representing the News Chronicle It was moved by Councilmember Weak, seconded by Councilmember Yancy - Sutton and unanimously carried that the City Attorney be directed to prepare an ordinance patterned after the Glendora ordinance, and further, to research and make recommendation regarding the amount of liability insurance coverage to be required. 10.F. Agreement for Claims Administration The City Manager presented and reviewed his report dated August 28, 1985 regarding the subject matter, and after discussion it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard to approve the General Liability Claims Adjustment Service Agreement with Carl Warren & Co., effective for 12 -month period beginning July 1, 1985, and authorized the Mayor and City Clerk to execute said agreement on behalf of the City, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Preito; NOES: None; ABSENT: None. 10.G. Loss Paying Fund The City Manager presented and reviewed his report dated August 28, 1985 regarding the establishment of a Loss Paying Fund (reserve) for the purpose of having the funds available when needed for payment of claims, such Fund to be in the amount of $5,000.00, and to be replenished as any claims are paid from such Fund. After discussion, it was moved by Councilmember Woolard, seconded by Councilmember Ferguson and unanimously carried that a Loss Paying Fund be established, and that an appropriation in the amount of $5,000.00 be authorized from the General Fund Reserve to said Loss Paying Fund. 10.H. Planned Community /Specific Plan The City Manager presented his report dated August 29, 1985, regarding the subject matter, and it was moved by Councilmember Yancy - Sutton, -10- 9 -3 -85 seconded by Councilmember Woolard and unanimously carried to refer to the Council Public Works Committe'the matter of a review of the intent of the Planned Community provisions of the Zoning Ordinance, as well as Specific Plan mechanisms, and to report back to the Council with recommendations. 11. STAFF REPORTS - INFORMATION ITE,S ll.A. Time Extensions on Construction of Public Improvements The City Engineer presented and reviewed his report regarding the general procedures which are followed in recommending and approving Time Extensions for the completion of subdivision agreements. By general consent the report was ordered received and filed. ll.B. Proposed Schedule Capital Improvements for 1985 -86 The City Engineer presented and reviewed his report dated September 3, 1985, to which was attached a proposed schedule for completion of capital improvements for 1985 -86. By general consent the report was ordered received and filed. ll.C. Simi Valley General Plan, 1986 Update The Director of Community Development presented his report regarding the up date of the Simi Valley General Plan, which report was received and filed by general consent. 12. CONSENT CALENDAR By general consent Items 12.0 and 12.H were excluded from the Consent Calendar. It was moved by Councilmember Weak and seconded by Councilmember Yancy- Sutton, that Items 12.A, 12.B., 12.D through 12.5, and Items 12.I through 12.N be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Yanch- Sutton, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 12.A. Approval of Warrant Register Approved Warrant Register dated September 3, 1985, listing Warrants 2001 through 2026, and Warrants 2028 through 2056, in the total amount of $80,734.39, as approved by the City Manager and on file in the office of the City Clerk, and authorized the City Manager to issue warrants therefor. -11- 9 -3 -85 12.B. Preparation of Housinq Assitance Plan (HAP) Accepted proposal from Michael Brandman & Associates for completion of the Housing Assistance Plan at a cost not to exceed $400.00, and authorized the Mayor and City Clerk to execute agreement on behalf of the City. 12.D. Appropriation of Funds for Senior Citizens Agreement Approved an appropriation of $12,000.00 from the current year General Fund Revenue estimate for the Senior Citizens rental assistance, in Account No. 01- 148 -529 (General Fund - Recreation Department - Special Departmental Supplies and Services). 12.E. Victim /Witness Assistance Program Authorized use of the 1984 -85 balance of $169.00 for use in 1985 -86 for the Victim /Witness Community Outreach Program. 12.F. Guidelines for Placement of Above Ground Structures in Sidewalks in the City of Moro ark Adopted the guidelines outlined in City Engineer's report, dated September 3, 1985, and entitled as hereinabove set forth, for any new construction within the City. 12.G. Adopted Resolution No. 85 -223, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP -4501 ON APPLICATION OF GATEWAY COMMUNITY CHURCH. 12.I. Unscheduled Vacancv Notice Approved report of the City Clerk dated August 26, 1985, and directed the posting of Unscheduled Vacancy Notice at the City Hall and the Library. 12.J. Time Extension for Construction of Subdivision Improvements Tracts 3274 -2, 3, 4 and 4 (Urban West) Extended time for completion of subdivision improvements for Tracts Nos. 3274 -1, 2, 3 and d to June 28, 1986, as recommended by the City Engineer 12.K. Time Extension for construction of Subdivision improvements Tract 3319 -1 (Westoaks Investment) Extended time for completion of subdivision improvements for Tract No. 3319 -1 to June 28, 1986, as recommended by the City Engineer. -12- 9 -3 -85 12.L. Time Extension for Construction of Subdivision Improvements Tracts 3855 -1, 2, 3, 4 and 5 (Urban West) Extended time for completion of subdivision improvements for Tracts Nos. 3855 -1, 2, 3, 4 and 5 to June 28, 1986, as recommended by the City Engineer. 12.M. Time Extension for Construction of Subdivision Improvements Tracts 3864 -1, 2, 3, 4, 5 and 6 (Urban West) Extended time for completion of subdivision improvements for Tracts Nos. 3864 -1, 2, 3, 4, 5 and 6 to June 28, 1986, as recommended by the City Engineer. 12.N. Agreement to Construct Improvements for PD -1040 (Schleve) Authorize Mayor and City Clerk to execute Agreement to Construct Improvements for PD -1040, executed by Tom Schleve and Pat Little on May 15, 1985 and to accept Surety Bond for Performance and Payment in the amount of $5,000.00, and Surety Bond for Improvement Guarantee in the amount of $10,000.00, all on behalf of said City. EXCLUDED CONSENT ITEMS 12.C. Moorpark Country Days Permit Approval It as moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to approve permit for Moorpark Country Days for September 21, 1985, subject to all conditions outlined in report from Lt. Mike Brown, of the County Sheriff's Department, dated August 22, 1985. 12.H. Agreement with Thousand Oaks for Transit Services The City Manager presented proposed agreement with Thousand Oaks for transit service for the fiscal year 1985/86, outlining the changes from the previous agreement which had been negotiated. It was moved by Concilmember Weak, seconded by Councilmember Yancy- Sutton and unanimously carried to approve the agreement as presented by the City Manager, and to authorize the Mayor and City Clerk to execute same on behalf of the City. 13. FUTURE AGENDA ITEMS None. PERSONNEL SESSION By general consent the meeting was adjourned to a Personnel Session, the time being 3:30 a.m. -13- 9 -3 -85 The meeting reconvened at 3.40 a.m., and the City Attorney announced that a personnel matter had been discussed in closed session and that the City Manager had been authorized to expend not to exceed $2,000.00 for retention of an Assessment Center for testing and evaluation of the candidates for the position of Director of Community Development. 14. ADJOURNMENT By general consent the meeting was adjourned, the time being 3:41 a.m. APPROVED: Mayor Respectfully submitted, -14- City Cler i